BILL ANALYSIS Ó AB 1835 Page 1 ASSEMBLY THIRD READING AB 1835 (Fletcher) As Amended May 25, 2012 Majority vote PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Knight, Hall, |Ayes:|Fuentes, Harkey, | | |Hagman Mitchell, Skinner | |Blumenfield, Bradford, | | | | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Gatto, | | | | |Ammiano, Hill, Lara, | | | | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | ----------------------------------------------------------------- SUMMARY : Amends provisions of the Sex Offender Registration Act. Specifically, this bill authorizes any person who is trained to administer the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) dynamic tool and future violence tool, to have access to all relevant records pertaining to a registered sex offender, including, but not limited to: 1)Criminal histories; 2)Sex offender registration records; 3)Police reports; 4)Probation and presentencing reports; 5)Judicial records and case files; 6)Juvenile records; 7)Psychological evaluations and psychiatric hospital reports; 8)Sexually violent predator treatment program reports; and, 9)Records that have been sealed by the courts of the Department of Justice. EXISTING LAW : AB 1835 Page 2 1)Requires individuals convicted of specified sex offenses to register with the chief of police, sheriff, or a chief of police of a public university if he or she is residing on campus, within five working days of coming into, or changing his or her residence within any city or county. 2)Specifies that any person who is required to register as a sex offender because of a misdemeanor conviction, who violated any provision of the Sex Offender Registration Act, is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one year. 3)Specifies that any person who is required to register as a sex offender because of a felony conviction or has a previous misdemeanor conviction for failure to comply with the provisions of the Sex Offender Registration Act, who violates any provision of the Sex Offender Registration Act, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years. 4)Establishes the STATIC-99 risk assessment scale as the SARATSO static tool for adult males. FISCAL EFFECT : According to the Assembly Appropriations Committee, negligible fiscal impact. COMMENTS : According to the author, "AB 1835 will assist in the implementation of the Containment Model component of Chelsea's Law. First, it will provide minor technical cleanup to limit the potential liability of sex offender management professionals. Second, the bill will address potential legal issues which would arise should a sex offender be erroneously identified as low-risk and transferred to post-release community supervision. Current law is unclear as to whether that individual may legally be transferred to state supervision as a parolee." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744 AB 1835 Page 3 FN: 0003829